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Sport and labour law
Sochorec, Matěj ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Title of thesis: Sport and labour law Abstract The subject of this thesis is to review the possibility and scope of the application of labour law regulations of the Czech legal order in the area of legal relations arising during the performance of professional sport activities in team sports. The topicality of this issue is due to the fact that the legal status of professional athletes in the Czech Republic differs from the practice applied in most other European countries, where it is common for professional athletes in team sports to enter into an employment contract with the sports club and thus receive employee status. By contrast, in the Czech Republic, in the vast majority of cases, professional athletes have the status of self-employed persons. In the first and second part of the thesis there is given a general view on the definition of sport, overview and systematics of sources through which sport is regulated, as well as a basic overview of the organization of sports sectors. The main part of the thesis deals with the possible legal regimes of the status of professional athlete and is mainly focused on the assessment of the nature of professional athlete activity in the context of the definition of dependent work and application of the Labour Code regulation. In this part, the author of the thesis...
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Alternative resolution of individual labour disputes
Schořovská, Nikola ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Alternative resolution of individual labour disputes Abstract This thesis deals with alternative ways of solving individual labor disputes. The main reason for choosing this topic was the author's personal experience with alternative methods of dispute resolution in the field of labor conflicts and labor disputes, in particular with mediation, and also the author's opinion on non-fulfilment of the full potential of these methods in individual labor disputes. The work aims to provide a structured overview of the most commonly used alternative dispute resolution methods in the Czech Republic. At the same time, the author deals with hybrid methods that are rarely used in the czech dispute environment. For the sake of clarity, the author tried to maintain a similar structure in the individual chapters. The first two chapters focus on the definition of basic terms such as labor law dispute, ADR and their division and types. The next chapters already focus on the basic and hybrid ADR methods. Space is also devoted to both negotiation, its principles, phases and negotiation approaches, and other methods. The focus of the work lies in the fourth and fifth chapters focusing on mediation and arbitration. The author describes main conceptual features, principles and legislation including some problematic legal...
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Employment agencies and agency employment
Dočekal, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Employment agencies and agency employment Abstract The topic of this thesis are employment agencies and agency employment. Employment agencies play an important role in the labor market. Their activities involve finding a job for individuals, finding employees for employers, providing advisory services and information services and, of course, the institute referred to as agency employment. Agency employment was incorporated into the Czech law in 2004. The text of this thesis is divided into five chapters. The first chapter is focused on the definition of basic terms related to agency employment and also on the definition of individual entities involved in the agency employment process. The second chapter is devoted to the topic of the development of legal regulation of agency employment. The attention is focused on the development of international law. The third chapter is focused on the employment agencies themselves. The penultimate chapter describes the mutual legal relations that arise between the various entities involved in the agency employment process. These entities are the user, the employment agency and the temporary agency worker. The final chapter deals with selected topics related to the agency employment - specifically the issue of comparable work and salary conditions between a temporary...
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Restriction of Performance of Other Gainful Activity During the Employment Relationship
Šimon, Pavol ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of thesis: Restriction of Performance of Other Gainful Activity During the Employment Relationship Abstract This diploma thesis deals with the issue of restriction of performance of other gainful activity by employee during his employment relationship. In accordance with the wording of the legal provision governing the employee's obligation not to compete with his employer by performance of other gainful activity, it may seem that this is fairly clear regulation. However, further examination provides more detailed view that the provision conceals several aspects which may be confusing for employees. Such misunderstanding of this restriction may frequently lead to breach of that duty, without awareness of employee. It is therefore no exception that the Supreme Court of the Czech Republic often deals with the settlement of disputes concerning void termination of an employment relationship, which occurred by the employer due to a breach of the employee's obligation not to perform other gainful activity which is prohibited by law. By studying this case-law thoroughly, it is possible to find out boundaries between what is considered to be a violation in question and what is not. In fact, the legislation imposes the restriction on the performance of other gainful activity on the employer's scope of...
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Data processing and data protection in connection with employment
Smotlachová, Jana ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
97 Data processing and data protection in connection with employment Abstract This work is dedicated to issues concerning data processing in connection with employment. Given the extensiveness of this topic, this thesis focuses primarily on the processing of personal data prior to the establishment of an employment relationship. The main area of study is the job applicants' data processing in different model situations. The aim of this thesis is to establish a solution for how to process candidates' personal data in order to comply with the General Data Protection Regulation. The goal is accomplished by applying the General Data Protection Regulation to particular model situations. This work is divided into three chapters. Chapter 1 deals with the history of the data protection law and presents differences between the right to data protection and the right to privacy. It also discusses the current legal regulations in the General Data Protection Regulation and the Czech Data Processing Act and gives reasons for adoption of such legislation. Chapter 2 concentrates primarily on the key terminology of the data protection laws. This chapter consists of sub-chapters according to the terms discussed, namely personal data, data subject, data processing, controller and processor. Related issues from the General...
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Organizational changes of employer and stability of labor relationships
Krejsa, Josef ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
During writing of this work, I focused on the nature and consequences of organizational changes done by employer, that affect labor relations, especially their stability. At the same time, I tried to emphasize the importance of balancing the stability and flexibility of these relationships, which is mainly due to the fact that I supplement my opinion on the balance of these contradictory aspects in the description of the legislation related to the issue. Given that organizational changes affect the weaker side of labor relations, employee, more significantly, I focused on his position in these evaluations. The key role in the interpretation of legislation of organizational changes and related institutes have courts through judgments, that often have to fill gaps that arise mainly due to variability of cases that may occur in practise. The main finding is that the Czech legal regulation of organizational changes provides, in the vast majority od cases, enough freedom to implement the will of both the employer and the employee, as well as largely adheres to one of the main principles of labor laq, protection of employee status. However, some institutes do not fully match the current needs of labor relations and somentimes even the requirements of the European Union. Therefore, we can only believe...
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The sharing economy and digitalization: challenge for complex modification of labor law?
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
THE SHARING ECONOMY AND DIGITALIZATION: CHALLENGE FOR COMPLEX MODIFICATION OF LABOR LAW? ABSTRACT This diploma thesis discusses the phenomenon of last decade called sharing economy, which has many different forms and names. In its purest meaning, the sharing economy concerns behavior of economically active entities that, in order to reduce their own costs or to use their spare capacity, share free resources. As the best examples of sharing economy, we can name capital platform Airbnb, where people share their unused immovable in order to generate profit or work platform BlaBlaCar trough which people reduce their car costs while travelling one-off long-distance trips. However, as mentioned above, sharing economy has many different forms. One of them, which cannot be recognized as its pure form, is provided by Uber. Uber, as well as BlaBlaCar, created mobile platform trough which providers of transport services can get in touch with users of these services. Despite this similarity, there are several significant differences from which one can conclude that Uber is not a classic provider of information technology services, such as BlaBlaCar. That was also borne out by foreign courts, including European Court of Justice. On that basis, a question arises, whether Uber drivers really carry on the activity of...
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Labour disputes
Hemerka, Tomáš ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Labour disputes Abstract The aim of this thesis called "Labour disputes" is to provide a comprehensive overview of the labour disputes problematic. The diploma thesis deals with individual labour law disputes and collective labour law disputes and possibilities of their solution under the Czech law. The thesis also compiles the excursion to labour law disputes in Japan. The reason for choosing this theme was author's finding about extremely low amount as well as the very slow solution of labour law disputes contrary to other disputes solved in the ordinary civil procedure. One of the author's goal was to analyze a reason of these phenomenons. The diploma thesis is divided into four chapters. In the first chapter author presents introduction to the topic and explains the basic terms. The second chapter critically evaluates the existing mechanisms for the resolution of labour law disputes and points out the reasons for their low amount and very slow solution. The purpose is to show possible solutions of the problematic aspects. It is also necessary to state, that here are mentioned the possibilities of alternative disputes resolution as well as the proposals for law-makers. The following and key chapter is dedicated to selected individual labour law disputes. There are analyzed various disputes related to...
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Whisteblowing, employment relationships and development of whistleblowing legislation in the Czech Republic
Koblerová, Markéta ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
In the submitted diploma thesis, the author deals with the topic of whistleblowing, in other words protected disclosure of wrongdoing, which is highly topical issue in the Czech Republic over the last decade. This issue gained attention with the first publicly known cases of Czech whistleblowers and also with several submitted legislative proposals for a complex legal regulation of the regime of protected disclosure in the Czech Republic. In the first part of the thesis, the author defines the concept of whistleblowing, in particular through several legal definitions from various authors. This part also deals with the development of the institute in the Anglo-Saxon countries as well as with its overlap into other sectors. Its related aspects are also discussed, namely the concept of labor-law relations and the duty of loyalty. On the whole, the first chapter should provide a more comprehensive view of the whistleblowing institute in order to draw the most important elements needed in the possible regulation of protected disclosure. The second chapter presents international commitments of the Czech Republic related to the regulation of this institute and consisting the most important documents adopted by European Union and other important international organizations, including some relevant case-law of the...
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Comparison of chosen aspects of Czech and German legislation governing private employment matching
Pizur, Marek ; Pichrt, Jan (advisor) ; Tröster, Petr (referee)
163 Comparison of chosen aspects of Czech and German legislation governing private employment matching Abstract This Master's thesis deals with chosen aspects of legal regulation governing provision of employment matching services by private entities, which are called private employment agencies. Attention is given particularly to the regulation of employment matching in its primary form, i.e. recruitment, and employment matching in the form of temporary agency work. Other consulting and information services are not covered. The regulation of the employment matching forms is analysed in Czech as well as in German legal order. This thesis focuses on legal relations arising from employment matching by private employment agencies, both when matching offers of with applications for employment, meaning legal relations between a private employment agency, an employment applicant (a prospective employee) and an employment offeror (a prospective employer), and when providing temporary agency work, meaning legal relations between a temporary-work agency as an employer, a temporary agency worker and a user undertaking. These relations are analysed along with public-law preconditions for accessing the labour market as a private employment agency and requirements for carrying out employment matching, which further...
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